1. General Obligations and acknowledgements: Rentokil Initial Pty Ltd
ABN 98 000 034 597 trading as NT Pest & Weed (“NTPW”) agrees to install a termite
management system in accordance with AS 3660 1 (as amended) Termite Management, Part 1: New building work (the “System”) at the property described in the confirmation email for the Fee (plus GST). Installation will be undertaken in accordance with AS 3660, the Customer’s instructions and site requirementsand the System component manufacturer’s installation manual. This booking confirmation email sets out the System type (ie pre construction barrier or reticulation system,) manufacturer, site installation diagram, proposed installation date and Fee (plus GST)
2. Acceptance and Authority: The Customer’s acceptance of these terms may be confirmed either by confirming its acceptance by email or allowing NTPW to commence installation of the System. The Customer warrants that it is the property owner or authorised by the property owner to enter and perform this agreement.
3. Subterranean termites only: All references to termites, termite inspection or termite control refer to subterranean termites only.
4. Customer Acknowledgements and System Maintenance: The Customer acknowledges that:
(a) the purpose of a termite management system (Physical barriers or reticulation system) is not to kill termites but to deter concealed entry by subterranean termites into a building. The operation of a termite management system is intended to increase the likelihood that termite activity will become more open and visible and be detected by a termite inspection. The effectiveness of the installation is dependent on the provision of a complete termite management system in accordance with AS 3660 using approved termiticides and products. If the System is disturbed, bridged or breached (see below) or not maintained, then concealed entry by termites is possible. No warranty is given thatthe System will prevent termite damage, however the property owner will receive a manufacturer’s warranty on the product installed if they are eligible.
(b) NTPW is an installer and not manufacturer of the components of the System. Installation will be undertaken in accordance with AS 3660 as described in this document and in accordance with the manufacturer’s specifications. The Customer is responsible for assessing whether the System will operate in accordance with AS 3660.1 in relation to the proposed building design and building methods;
(c) Installation of a Termite Management System in accordance with AS 3660.1 requiresinstallation of the components of the System at a specific and early stage of construction. Where a concrete slab forms an integral part of the Termite Management System under AS 3660.1, the Customer is responsible for ensuring that the slab meetsthe requirements of AS 2870.
(d) Where the System is a partial installation and not a complete and continuous barrier due to building design or environmental conditions on the site, there is risk that the barrier or treated zone can be breached by termites. In those cases, more regular termite inspections in accordance with AS 3660, additional measures and/or re treatments may be necessary to manage the risk of termites.
(e) Annual (and in some case of heightened risk, more regular) visual termite inspections of the building and surrounding area by a competent termite inspector are crucial to protect against the risk of termite damage. Termite inspections are visual inspections and when undertaken in accordance with AS 3660, they increase the likelihood of detecting termites and enabling the building owner to implement early remedial action. When undertaken by NTPW, this will enable us to also provide advice on steps to remove conditions conducive to termite infestation including untreated timbers, poor drainage and ventilation as well as system maintenance.
(f) The Customer must have properly prepared the site before the proposed Installation date so that the site complies with the requirements of AS3660.1 including taking steps to achieve termite control on the site. Where a concrete slab utilising slab edge exposure forms part of the System, at least 75mm ofslab edge must remain exposed.
(g) The Customeris responsible for ensuring that no component of the System is tampered with or disturbed after installation by any person ( including without limitation, removed, cut or penetrated or damaged) during construction of the building or any landscaping undertaken in connection with the building. NTPWis notresponsible for any damage or change to the installed System occurring after NTPW has completed itsinstallation activities.
(h) A reticulation system must be charged (have chemical pump through the system) on completion of the building construction and landscaping.
(i) The efficacy of the System depends upon the Customer and building owner ensuring that the Systemis properly maintained and not “bridged” or “breached”. Bridging means the termites pass over the barrier or protected zone. A termite Management system is breached if the barrier (physical barrier or the chemical barrier created by a reticulation system) has a hole or gap. This can happen when installing garden beds, lawn or other landscaping or building work including renovations or extensions or as a result of flooding. Do not disturb the treated areas or system components without first consulting NTPW.
(j) The Customer is responsible for ensuring the building owneris aware of:
(i) the need for ongoing termite inspections ( annually or as recommended by NTPW) as an integral part of termite control for the property;
(ii) the ongoing maintenance obligations forthe System as well asthe need to protect
components, including pipes, from damage or disturbance;
(iii) reticulation systems need to be serviced atregular intervals to check for faults and
to ensure the chemical barrier is replenished by reapplying the termiticide chemical
which forms and maintains the treated zone around to the structure. The period for
recommended replenishment of the system and termite inspections will be advised to
the Customer in the certificate of installation issued following completion of installation
and will be referred to in a notice to be affixed atthe site. Should the building owner become aware of any damage to the system or components such as pipes they should contact NTPW to arrange for the system to be checked and/ or repaired; and
(iii) that termite management systems will be ineffective if they are bridged or breached.
Owners should contact NTPW before they undertake any renovations or extensions
orchanges to the building or landscaping; in the event of flooding and immediately if
they see any evidence of termite activity. Live termites should not be disturbed.
5. Installation Certificate: Subject to the Customer having paid all amounts owing to NTPW, on completion of the installation, NTPW will issue the Customer with a certificate of Installation of aTermite Management System in accordance with AS 3660.1- new buildings. That certificate is subject to terms and limitations including, that unless otherwise agreed by NTPW in writing, it may only be relied upon by the Customer or property owner.
6. Fees and Payment: The Fee plus GST as set out in this agreement is payable by the Customer to NTPW within 30 days unless otherwise agreed. NTPW will provide the Customer with an electronic tax invoice on completion of the installation.
7. Interest on Overdues, Recovery Costs & No Deductions: Interest is payable by the Customer on overdue amounts payable to NTPW from the end of the due date until the date on which the debt is paid at a rate of two per cent (2%) above the rate charged by NTPW’s bank on overdraftsfor less than one hundred thousand dollars ($100,000.00). The Customer is responsible for all costs incurred by NTPW in recovering amounts owing by the Customer. The Customer may not deduct or withhold any amount (whether by way ofset off, counterclaim or otherwise) from any money owing to NTPW.
8. Revision to price: NTPW is entitled to charge an additional fee at its normal hourly rate for delays resulting fromaccess being denied by the Customer to the site or due to the site not being prepared and safe for installation at the proposed installation time.
9. Manufacturers warranties: Some manufacturers of components forming part of the System may offer manufacturers warranties in relation to their product. These warranties are subject to their own terms and conditions, limitation and exclusions. Customers are advised to consult the website of these manufacturers for this information. NTPW does not endorse these warranties or confirm their availability or utility in connection with the System unless confirmed in writing by NTPW. The building owner is responsible for compliance with warranty terms relevant to the ongoing operation of any such warranty, including undertaking periodic termite inspections and other maintenance obligations. .
10. Access andSafety: The Customer must ensure thatNTPW’sstaff and other authorised personnel have full and safe access(free of any health and safety hazards and risks) to the relevant areas of the site and access to all facilitiessuch as water and electricity that NTPW may reasonably require to install the System. The Customer must also provide NTPW with all necessary information, instructions, documentation and co-operation required by NTPW. NTPW will comply with all reasonable security and safety instructions of the Customer while present atthe site. The Customer must observe with all advice and instructions provided by NTPW to the Customer including any relating to pesticides.
11. Damage to Utilities: If installation of the System requires drilling or cutting any materials, the Customer will be responsible foridentifying the location of all utility services to the site including water and drainage pipes, electrical and telephone cables, gas pipes etc. NTPW will exercise due care in performing any drilling or cutting but the Customer will be liable for any damage caused by penetration to any such services unless caused by the negligence of NTPW.
12. Reliance on Document: All documents provided by NTPWin relation to the installation of the System are provided solely forthe benefit of the Customer named in this document, or the property owner. Neither this agreement nor any installation certificate may be assigned by the Customer to another person orrelied upon by any other person (other than the property owner) without the prior written approval of NTPW that may be given conditionally or withheld.
13. Force Majeure:NTPW shall not be responsible for failure to meet any obligation ifthe failure results directly or indirectly from a cause beyond its control.
14. Bribery: The Customer and NTPW agree:
(a) that they will not (nor allow anyone acting on their behalf) to offer, give, request or accept any undue financial or other advantage of any kind in any way connected with entry into this agreement; and
(b) they will each comply with all applicable laws related to bribery and corruption in connection with this agreement. Any failure to comply with this clause entitles a party to terminate this agreement upon notice to the other party.
16. Entire Agreement: This agreement supersedes and replaces all previous agreements between the parties in relation to pest control services and contains the entire agreement between them as to its subject matter. To the extent permitted by law, NTPW expressly excludes all warranties, guarantees, representations and conditions except as may be made by NTPW to the Customer in writing.
17. Liability: To the extent permitted by law:-
(a) NTPW will not be liable for any loss of profits or revenue, loss of business, wasted expenditure or any form of indirect or consequential loss arising out of orin connection with this agreement, the supply ofthe services, the equipment or the sale of any goods.
(b) where a claim relates to a guarantee or warranty under the Australian Consumer Law, NTPW’s total aggregate liability to the Customer under or in relation to this agreement (including in contract, negligence, tort or any common law orstatutory right)islimited atNTPW’s option to:
(i) in relation to claims relating to services, the resupply of the services or the costs ofresupply of the service; or
(ii) in relation to claims relating to goods, the resupply of the costs or the cost ofre supply of the goods.
(c) in all other circumstances, the liability of NTPW to the Customer (including in contract,
negligence, tort or any common law or statutory right) under this agreement will not exceed the fees received by NTPW from the Customer pursuant to this agreement.
(a) This agreement may only be amended in writing signed by both parties.
(b) A reference to ‘writing’ or‘written’ includes electronic mail.
(c) If any provision ofthis agreement isillegal, invalid or unenforceable it may be severed without affecting the enforceability ofthe other provisions.
(d) Each indemnity in this agreement is a continuing obligation separate and independent from the other obligations of the party giving the indemnity and survives termination or expiry of this agreement.
(e) This agreement is governed by the laws of the State or Territory where the Services are being provided to the Customer and the parties submit to the jurisdiction of the courts of that State or Territory